What are specific claims?
Specific claims deal with past grievances of First Nations. These grievances relate to Canada’s obligations under historic treaties or the way it managed First Nation funds or assets.
The Government of Canada has a policy and process in place for resolving these longstanding grievances through negotiations with First Nations. This is a voluntary process for First Nations.
Why negotiate?
The Government of Canada prefers to resolve these claims by negotiating settlements with First Nations. Negotiations lead to “win-win” solutions that bring closure, benefits and certainty for all Canadians.
Canada is committed to working with First Nations to negotiate fair and final settlements for the benefit of all Canadians now and into the future.
Why is Canada working to settle these claims quickly?
First Nations asked for a faster process to resolve longstanding specific claims. The Government of Canada acted and announced an action plan in June 2007 to speed up claims resolution in order to provide justice to First Nation claimants and certainty for all Canadians.
Canada’s Specific Claims Action Plan included practical measures to ensure faster processing of claims by the government and the creation of an independent Tribunal to make binding decisions on claims in certain situations where other options fail. In October 2008, the Specific Claims Tribunal Act – developed with the Assembly of First Nations - came into force.
Are there time frames for negotiating settlements? When were these time frames put in place?
The Specific Claims Tribunal Act, which was jointly developed with the Assembly of First Nations, includes three-year time frames for negotiating settlements. These time frames have been in place since the Act came into force in October of 2008.
Negotiations continue to be Canada’s first choice for resolving specific claims. However, First Nations can now opt to refer their claims to the Tribunal for a binding decision if three years of negotiations do not result in a final settlement. It is up to a First Nation to decide whether it wishes to refer a claim to the Tribunal.
Were First Nations made aware of the changes to the specific claims process?
Yes. The new approach to speeding up claims resolution was announced by the Prime Minister on June 12, 2007 at a press conference held on Parliament Hill. The National Chief of the Assembly of First Nations (AFN), other AFN representatives and First Nation leaders were in attendance at the event to show their support for this initiative.
A broad information campaign was undertaken at various stages as this initiative unfolded in order to raise awareness and understanding among First Nations and other stakeholders across the country. This included major joint press conferences and joint announcements with the Assembly of First Nations, a national advertising campaign, information meetings and several mailouts of information materials to all First Nation band offices and on-reserve households in Canada. These materials were also made available on the Internet.
In the fall of 2008, Canada notified every First Nation with a specific claim in the federal system about how the coming into force of the legislation would affect their individual claim.
What else has Canada done to report on its progress in implementing this initiative?
Bringing greater transparency to the process is a key pillar of Canada’s Specific Claims Action Plan. The Government of Canada has put in place several new online tools so that all Canadians can see how the government is delivering on its commitment to resolve outstanding specific claims. These tools tracking progress are identified below.
What is Canada doing to try to meet the three-year legislative time frames?
To deliver on its commitment to speed up claims resolution and respect these legislative time frames, Canada is working with First Nations to conclude settlements within a three-year period wherever possible.
This does not mean that a federal settlement offer will be tabled at every specific claim negotiating table before October 2011. Canada will continue to negotiate specific claims across the country now and into the future. However, in certain cases, where Canada feels it has enough information to make a fair and reasonable settlement offer, it is proceeding to do so. The goal is to conclude fair and timely settlements for the benefit of First Nations and all Canadians.
Do First Nations agree to negotiate with Canada? Are First Nations consulted before a settlement offer is made?
Yes. It is important to note that the specific claims process is a voluntary process for First Nations. Before the process can start, First Nations must pass a Band Council Resolution accepting to negotiate with Canada. During negotiations, joint research and discussion takes place at the table on the issue of how much compensation would be fair to settle a claim.
A great deal of careful consideration by Canada is required before any formal settlement offer can be made to a First Nation. Settlement offers are the result of years of negotiations with First Nations and are informed by the joint work on compensation done at the negotiating table. Find out more about the negotiation process.
Does the negotiation process end once an offer is tabled?
Once a settlement offer is made, it is then up to the individual First Nation to decide whether it wishes to put the offer to a vote by its members. Should the First Nation accept the federal offer, work would still need to be done jointly to draft a Settlement Agreement. First Nation members vote on the offer in its entirety when they vote on the Settlement Agreement.
How many negotiation tables are affected?
As negotiations are confidential, Canada cannot disclose this information. It is important to note that this only affects certain cases; where Canada feels it has enough information to make a fair and reasonable settlement offer, it is proceeding to do so. Any federal settlement offer would build on the joint work and discussion that took place earlier at the negotiating table.
Is it true that Canada will revoke all previous settlement offers in October 2011 because of the three-year anniversary of the legislation?
No. Any existing offers made to First Nations remain. When settlement offers are tabled, they normally provide a First Nation with a set period in which to consider the offer. This timeframe is determined by the date the offer is tabled. It is not related to the coming into force of the Specific Claims Tribunal Act.
What happens if First Nations reject the federal offer?
Should the First Nation not agree to put the federal offer to its members for a vote, the option remains available to the First Nation to take its claim to court or to file a claim with the Tribunal.
Will First Nations want to continue negotiating past three years?
It is up to a First Nation to decide whether to refer a claim to the Specific Claims Tribunal if three years of negotiations do not result in a settlement. It is anticipated that some First Nations will opt to continue negotiating past the three year point when claims are particularly complex and when the parties agree that they are close to a settlement.
Can Canada refer claims to the Tribunal?
No. Canada cannot unilaterally refer a claim to the Tribunal. It is the First Nation’s choice whether to refer a claim to the Tribunal.
Will Canada negotiate with First Nations beyond October 2011?
Yes. Canada will continue to negotiate specific claims now and into the future. Canada will make every effort to conclude negotiations within the three-year legislative time frame wherever possible.
Canada remains serious about its commitment to make progress to resolve specific claims and is taking concrete action to deliver on that commitment by concluding fair and final settlements with First Nations.
Negotiations cannot go on indefinitely. The three-year legislative timeframes have been put in place to help eliminate the backlog, speed up resolution and keep the focus on concrete results.
What are the benefits of settling these claims?
Negotiated settlements help rebuild relationships and generate benefits for all Canadians. These benefits include economic benefits, new opportunities for business partnerships and certainty for First Nations, industry and area communities. Negotiations lead to “win-win” situations that balance the interests of all Canadians.
